The Client Agreement Contract serves as the foundational document for establishing professional relationships under Swiss law, particularly in service-based industries. This contract type is essential for businesses operating in Switzerland or choosing Swiss jurisdiction for their agreements, providing a clear framework for service delivery, payment terms, and mutual obligations. It incorporates requirements from the Swiss Code of Obligations (OR), data protection laws, and industry-specific regulations, making it suitable for various business contexts from financial services to professional consulting. The agreement is designed to protect both service providers and clients while ensuring regulatory compliance and establishing clear operational parameters. It's particularly valuable for businesses seeking to leverage Switzerland's reputation for legal stability and professional service excellence.
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1. Parties: Identification and details of the service provider and the client, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Scope of Services: Detailed description of services to be provided under the agreement
5. Duration and Termination: Term of the agreement, renewal provisions, and termination conditions including notice periods
6. Fees and Payment Terms: Pricing structure, payment schedule, invoicing details, and late payment consequences
7. Rights and Obligations: Detailed responsibilities and obligations of both parties
8. Confidentiality: Provisions for handling confidential information and trade secrets
9. Data Protection: Compliance with Swiss FADP and data handling procedures
10. Liability and Indemnification: Limitation of liability clauses and indemnification provisions compliant with Swiss law
11. Force Majeure: Circumstances excusing performance of obligations
12. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
13. General Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments
1. Intellectual Property Rights: Required when services involve creation or use of intellectual property
2. Service Levels: Include when specific performance metrics and standards need to be maintained
3. Compliance with Financial Regulations: Required for financial services agreements subject to FINMA regulations
4. Insurance Requirements: Include when specific insurance coverage is required from either party
5. Anti-Money Laundering Provisions: Required for financial services or high-value transactions
6. Assignment and Subcontracting: Include when transfer of rights or use of subcontractors needs to be addressed
7. Change Control: Include when services may need modification during the contract term
8. Audit Rights: Include when one party requires rights to audit the other's compliance or performance
1. Schedule 1 - Service Description: Detailed specifications of services to be provided
2. Schedule 2 - Fee Schedule: Detailed pricing, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Technical Requirements: Technical specifications or requirements for service delivery
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements
8. Appendix C - Form Ƶ: Standard forms used in the course of service delivery
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Professional Services
Technology
Consulting
Legal Services
Banking
Insurance
Asset Management
Software Development
Business Services
Healthcare
Education
Real Estate
Manufacturing
Telecommunications
Relevant Teams
Legal
Compliance
Business Development
Sales
Client Relations
Operations
Risk Management
Contract Administration
Account Management
Executive Leadership
Project Management
Relevant Roles
Legal Counsel
Contract Manager
Business Development Manager
Account Executive
Client Relations Manager
Compliance Officer
Risk Manager
Operations Director
Sales Director
Managing Partner
Chief Executive Officer
Chief Legal Officer
Chief Operations Officer
Client Services Manager
Business Manager
Project Manager
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